In setting certain standards and specifications, approving engineering drawings, inspecting improvements, recommending acceptance of improvements, preparing petition forms and establishing the amount of surety for guaranteeing the installation of such improvements; the engineer designated by the City or utility provider representative shall be designated as responsible for the improvements within their respective jurisdictions. Coordination to achieve cooperation among the responsible parties is the responsibility of the City and, in particular, the Subdivision Administrator.
As a condition to final plat approval, the subdivider of a proposed subdivision shall be responsible to install or, in cooperation with the Governing Body and utility companies, cause to be installed the following necessary facilities and improvements as listed below. The design and installation of such facilities and improvements shall include such sizing of pipes and extensions of streets required by the Planning and Design Standards of these regulations and as may be deemed desirable within the subdivision to facilitate development of adjacent land.
A. Streets. All streets, alleys, curbs, gutters and street drainage facilities shall be constructed in accordance with established City standards.
1. Streets shall be constructed of concrete, asphalt or asphalt concrete and no gravel or sanded roadways shall be constructed.
2. To accommodate any future improvements, the entire right-of-way of collector and local streets shall be graded to match the level of the road surface. All stumps, trees that cannot be saved, boulders and similar items shall be removed from such right-of-way.
3. Wherever possible, there shall be an inside tangent at least 100 feet in length introduced between reverse curves on arterial and collector streets.
4. Streets shall be laid out so as to provide for horizontal sight distances on all curves depending upon design speed. These distances shall be:
a. Arterial: 500 feet
b. Collector: 300 feet
c. Local: 200 feet
The sight distance shall be measured within street rights-of-way from a height of four and one-half feet above the proposed pavement surface in the right-hand land of the roadway.
5. Roadway grades, wherever feasible, shall not exceed the following grades with due allowance for reasonable vertical curves:
a. Arterial 3%
b. Collector 4%
c. Local 5%
d. Access 5%
No roadway grade shall be less than 0.32 of one percent, unless approved by the applicable engineer. Greater percentages of grade may be required where necessary to provide adequate drainage.
B. Storm Drainage. A storm drainage system shall be provided, separate and independent of the sanitary sewer system, meeting all of the specifications and requirements of the City. Such storm drainage system shall be connected to any existing storm sewer system, where available, or if such connection is not available, other adequate means for the discharge of such storm water according to the Planning and Design standards of these regulations. If it is determined that adequate drainage can be accomplished by a natural drainage way across private property, a drainage easement may be required; however, any initial channelization is the responsibility of the subdivider and continued maintenance the responsibility of the adjacent property owner(s). When required by the Kansas Department of Health and Environment, non- point source storm water permit applications must be filed before construction begins under the National Pollution Discharge Eliminations System (N.P.D.E.S.)
C. Sidewalks. Sidewalks shall be constructed in accordance with Planning and Design Standards of these regulations and under the following conditions:
1. Sidewalks shall be constructed of concrete and be 6 inches thick. Alternative pourous dust-free surfaces may only be used for multi-use trails used in place of on-street sidewalk systems, and at the sole discretion of the Planning Commission.
2. All sidewalks shall provide handicap access in conformity with K.S.A. 58-1301 et seq. and the federal Americans with Disabilities Act of 1990, 42 USCA 12101, as may be amended.
D. Street Signs. Street signs shall be installed in accordance with specifications set by the City subject to the standards of the Manual of Uniform Traffic Control Devices as adopted by the Secretary of the Kansas Department of Transportation and endorsed by the Federal Highway Administrator. (See K.S.A. 8-2003 for sign manual.)
E. Water Supply. A municipal type water supply system shall be installed in accordance with the standards and requirements set by the applicable agency supplying the water.
F. Fire Hydrants. Fire hydrants of the type and quality specified by City standards, but not less than the minimum standards of the National Fire Protection Association, shall be provided and connected to municipal type water supply system. Such hydrants shall be subject to the inspection and approval of the applicable Fire Chief.
G. Sanitary Sewer. A sanitary sewer system shall be installed in accordance with standards set by the City subject to the regulations of the Kansas Department of Health and Environment.
H. Electric and Communication Wiring. Underground wiring in residential subdivisions, unless found to be unfeasible, is required for electric power, street lights and telephone service, except:
1. For lines rated over 12,000 volts;
2. Appurtenance serving such lines which may be mounted on the ground, such as transformers, transformer pads, telephone service pedestals and street light poles; or
3. For those proposed subdivisions or replats of existing subdivisions located in areas which presently have an overhead type utility distribution system.
4. All such installation shall be under contract with the applicable utility provider. Cable television, if installed, shall be placed underground in accordance with the above requirements. Where entirely throughout a subdivision, conduits or cables shall be placed within easements or dedicated public ways in a manner that will not conflict with other underground services. Further, all transformer boxes shall be located so as not to be unsightly or hazardous to the public.
5. Nothing in this section shall be construed as requiring underground installation of lines beyond the boundaries of the area contained in the preliminary plat.
6. All utility lines for telephone and electric service, when carried on overhead poles, shall be placed in rear lot line easements or designated side lot line easements.
I. Screening. If screening of public or private areas is to be required, a screening plan of landscaping and/or fencing shall be prepared and approved by the Planning Commission and such screening installed.
J. Monuments. Monuments as shown on the final plat shall be placed at all block corners, angle points, points of curves in streets, and at intermediate points as shall be required by the engineer. Monuments shall be made of iron rebars not less than 5/8 inch in outside diameter and not less than 24 inches in length. All monuments shall be securely placed and set in such a manner that the top of the monument shall be at least two inches below finish grade ground level. Benchmarks may also be required of such material, size and length as may be approved by the engineer.
K. Relocation of Existing Facilities. Whenever existing sanitary or storm water sewers, water lines, drainage channels, culverts, underground or overhead electric and communication lines, gas lines, pipe lines, transmission lines are required to be relocated due to the subdivision or construction of improvements required as condition of approval of the subdivision and in the event such was not known at the time of subdivision approval for any reason, the costs of such relocation shall be the sole responsibility of the subdivider.
L. Erosion Control. Where required, applicable measures will be taken during construction to minimize soil erosion and sedimentation by wind or water. Conservation standards shall be adhered to which have been adopted by the County Conservation District.
A. Where the proposed subdivision is a resubdivision or concerns an area presently having any or all required improvements as set out in Section 502 and where such improvements meet the requirements of said section and are in good condition as determined by the Governing Body, no further provision need be made by the subdivider to duplicate such improvements. Where such existing improvements do not meet the requirements; however, the subdivider shall provide for the repair, correction or replacement of such improvements so that all improvements will then meet the aforesaid requirements.
B. Where the proposed subdivision is a resubdivision or concerns an area presently abutting or containing any existing public street of less than the minimum required right-of-way width or roadway width, land shall be dedicated in so far as is possible so as to provide for a minimum street right-of-way width and an additional roadway pavement meeting the minimum standards as set by these regulations. The Governing Body shall determine what adjustment to make where the aforesaid widenings merge with existing streets that are of smaller width at the boundary of such proposed subdivision. The minimum right-of-way and roadway width required by these regulations may be reduced to match an existing roadway system if the extension of such roadway is already improved at each end of the roadway in the subdivision.
Except for monuments, one of the following methods shall be used by the subdivider to guarantee that improvements required by these regulations can or will be installed in accordance with approved plans and specifications. This does not preclude the possibility that the Governing Body may, at its discretion and in recognition of its financial position, share in the cost of all improvements, especially oversized improvements which may benefit other related areas or the municipality-at-large:
A. Fiscal Securities. Fiscal sureties may be offered and the following shall apply:
1. The subdivider shall enter into a “Subdivider’s Agreement” with the Governing Body under which the subdivider agrees to install such required improvements. Such agreement shall be conditioned upon the acceptances of the final plat by the Governing Body and filed with the Clerk.
2. Simultaneously with the execution of the Subdivider’s Agreement, the subdivider shall furnish a corporate completion bond by a firm authorized to do business in Kansas with good and sufficient sureties thereon or a cashier’s check, escrow account or irrevocable letter of credit in favor of the Governing Body, in the amount of the estimated cost as approved by the official responsible for setting and enforcing the applicable design and construction standards of the installation of the required improvements. Such financial guarantee shall be conditioned upon the acceptance of the final plat and further conditioned upon the actual completion and satisfactory installation of such required improvements within two years from the date that the final plat is accepted by the Governing Body.
3. Simultaneously with the execution of the Subdivider’s Agreement, if the subdivider furnishes a corporate completion bond, he or she shall also deposit in escrow with the Governing Body cash in the amount of 15% of the cost of all improvements to be made in accordance with the plans and specifications for required improvements or an equivalent amount in the form of a maintenance bond or other securities that may be deemed sufficient by the Governing Body. If a subdivider furnishes a cashier’s check, escrow account or irrevocable letter of credit, 15% of the amount of such guarantees shall be returned by, or held as a deposit in escrow after, the final completion of such improvements. The subdivider shall agree that such deposit in escrow may be held by the Governing Body for a period of 18 months after such improvements are completed for the purpose of:
a. Guaranteeing and securing the correction of any defect in material or workmanship furnished for such improvements, latent in character, and not discernible at the time of final inspection or acceptance by the Governing Body; and
b. Guarantee against any damage to such improvements by reason of the settling of the ground, base or foundation thereof.
Such escrow agreement shall provide that, as such defects have so developed, that the deposit may be applied by the Governing Body for any amounts incurred correcting such defects; and that the balance of such deposit, if any, held at the end of such 18-month period shall be returned by the Governing Body to the depositor, or paid to the order of the depositor without payment of interest.
B. Petitions. Petitions to the Governing Body may be submitted as a means of guaranteeing the authority to install improvements at such time as they deem appropriate. Petitions may be submitted only when the following conditions exist:
1. The petitions must be valid as may be provided for under Kansas law.
2. The petitions must be approved by the Governing Body concurrently with the acceptance of the final plat.
3. The initiating resolution for such improvement must be adopted by the Governing Body concurrently with the petition approval or as soon thereafter as may be provided by law. The cost of the publication of said resolution shall be born by the subdivider.
4. A certificate signed by the petitioner must be recorded with the County Register of Deeds stating that such petitions have been filed and approved by the Governing Body and that certain land within the plat as described will be liable in the future for special assessment of the required improvements authorized.
C. Utility Agreements. The subdivider shall, prior to the acceptance of the final plat, submit a letter from the utility provider(s) involved stating that satisfactory arrangements have been made by the subdivider guaranteeing the installation of their respective services.
D. Monuments. Monuments and benchmarks shall be installed and their installation certified by a registered land surveyor on the final plat before such plat is recorded with the County Register of Deeds.
The Governing Body may, upon making a finding of necessity, require the subdivider to install or upgrade off-site improvements located outside the perimeter of a subdivision if such need is substantially created by a proposed subdivision. Such off-site improvements should be within dedicated rights-of-way or easements and serve a public purpose. The financing and guaranteeing of such improvements shall be administered as if they were the same as on-site improvements under Section 502. The Governing Body may require such subdivision to participate in the following facilities and improvements, or any other off-site improvements as recommended by the Planning Commission, if the need is created by a proposed subdivision:
A. Drainage improvements;
B. Pedestrian paths and sidewalks;
C. Screening;
D. Special grading requirements;
E. Street improvements; or
F. Traffic control devices.
A Submittal of Petition. If petitions are proposed to meet the requirements of this Article, the subdivider shall so indicate at the time of submittal of the preliminary plat. If the petition method is authorized by the Governing Body, petitions shall accompany the final plat for approval by the Governing Body.
B. Final Improvement Plans. When the use of petitions has not been requested by the subdivider or authorized by the Governing Body and a letter(s) of satisfactory arrangements from a utility provider(s) are not being utilized to guarantee improvements, the subdivider shall have prepared by an engineer (which may be contracted for privately or with any governmental agency or utility), engineering drawings for proposed required improvements containing the data and information specified in this section. Such drawing shall be certified by a licensed engineer and shall be submitted to the applicable reviewing official in duplicate at least 20 days prior to the date that approval is requested.
1. Content. The engineering drawings shall contain the following date plus additional information deemed necessary by the applicable engineer:
a. Plans, details, specifications and cost estimates for roadway, alley and sidewalk construction; including plans, profile indicating existing topography and elevation including curb and sidewalk elevation when required, intersection control elevation and paving geometrics for each street with a typical cross section of the roadway. The profiles of grade lines shall be shown to a scale of one inch equals 100 feet horizontal, and one inch equals 10 feet vertical; or to a scale approved by the applicable engineer. This information shall be shown on standard plan and profile sheets unless otherwise required by the engineer and use topographic information from the Final Plat.
b. Plans, profiles, details, specifications and cost estimates of proposed storm drainage improvements.
c. Plans, profiles, details, specifications and cost estimates of proposed water distribution system, water supply facilities and fire hydrants.
d. Plans, profiles, details, specifications and cost estimates of proposed sanitary sewage system.
e. All plans for other utilities such as for electric, gas and telephone shall be prepared by or at the direction of the utility providing the service.
2. Review. The applicable engineer, official or agency responsible for determining specifications and standards shall review all engineering drawings in order to determine whether such drawings are consistent with the approved final plat and comply with the design standards. If such drawings are consistent and so comply, the reviewing official shall forward to the Governing Body a notice to that effect. In the event that the drawings do not so comply, the reviewing official shall notify the subdivider of the specific manner in which such drawings do not comply, and he may then correct such drawings. If such drawings are not corrected, the reviewing official shall forward to the Governing Body a notice as to the items of nonconformity or noncompliance.
C. Construction of Improvements. No improvements shall be constructed nor shall any work preliminary thereto be done until such time as the engineering construction drawings shall have been approved and there shall have been compliance with all of the requirements relating to the Subdivider’s Agreement and such guarantees as are specified in Section 504 of these regulations.
1. Inspection. All improvements constructed or erected shall be subject to inspection by the applicable engineer of official responsible for setting and enforcing the applicable design and construction standards of the required improvements. The cost attributable to all inspections required by these regulations shall be charged to and paid by the subdivider. In so far as is possible, the subdivider shall give at least 48 hours notification to such official prior to the performance of any inspection work.
2. Inspection Procedures. After notice is received, the applicable engineer or official designated may conduct an on-site inspection to determine that the work complies with the approved engineering plans and specifications. If in the opinion of such engineer or official, the work does not comply with such final drawings, he shall have authority to order that all such work shall be terminated until such time as necessary steps are taken to correct any defects or deficiencies. Upon the correction of such defects or deficiencies, the subdivider shall again notify the applicable engineer or official that the work is again ready for inspection.
3. Final Inspection. Upon completion of all improvements within the area covered by the final plat, the subdivider shall notify the applicable engineer or official designated, who shall thereupon conduct a final inspection of all improvements installed. If such final inspection indicates that there are any defects or deficiencies in such improvements as installed from the final engineering plans and specifications, he shall notify the subdivider in writing and the subdivider shall, at his sole cost and expense, correct such defects or deviations within six months of the date of notification. When such defects, deficiencies or deviations have been corrected, the subdivider shall notify the official that the improvements are again ready for final inspection. After the final inspection is made and before acceptance of the improvement by the Governing Body, the subdivider shall file a statement with the engineer or official which is executed by the subdivider, certifying that all obligations incurred in the construction of the improvement involved have been properly paid and settled.
D. Acceptance of Improvements. If a final inspection indicates that all improvements as installed contain no unacceptable defects, deficiencies or deviations, within 15 days from the submission of the subdivider’s statement of obligation paid, the applicable engineer of official designated shall certify to the Governing Body and utility provider(s) that all improvements have been installed in conformity with the engineering plans and specification accompanying the final plat. Upon the receipt by the Governing Body of such notification and in conformity with the requirements of these regulations and all other applicable statutes, ordinances and regulations, the Governing Body shall thereupon by resolution formally accept such improvements. The improvements shall become the property of the Governing Body or utility provider(s) involved. Prior to this final action, however, neither the acceptance of the final plat, any subsequent annexation to the City or irrespective of any act(s) of employees, such actions shall not constitute their formal acceptance of improvements.